20201374 Ver 1_More Info Requested_20210624

From:Trone, Rick V
To:[e-mail]
Cc:Shaver, Brad E CIV USARMY CESAW (USA)
Subject:704 & 706 South Second Street DWR #20201374 Request for Additional Information
Date:Thursday, June 24, 2021 9:23:00 AM
Attachments:image001.png
Dear Dana Lutheran,

On May 7, 2021 (fee received date), the Division of Water Resources (Division) received your
application requesting an Individual Water Quality Certification from the Division for the subject
project. The Division has determined that your application is incomplete and cannot be processed.
The application is on-hold until all of the following information is received:

The application package requires an agent authorization letter from the applicant. A sample
agent authorization letter can be found on the USACE website
(http://www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE_AGEN
T_AUTHORIZATION_FORM.pdf). [15A NCAC 02H .0502(a)(11)]

Please clarify if the ditch depicted on the plans is considered Waters of the U.S. and/or Waters
of the State. If the ditch has been determined to be Waters of the U.S. and/or Waters of the
State please enumerate all impacts. If the ditch was determined to NOT be waters of the U.S.
and/or Waters of the State please provide appropriate documentation [15A NCAC 02H
.0502(c)].

Please provide more details regarding avoidance and minimization of road, driveway, and
culvert impacts for this project [15A NCAC 02H .0506(b)(1)].
1. This Office believes that the access road can be moved or reconfigured to minimize the
impacts to wetlands. Please revise the plans to minimize the impacts or provide a
detailed explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to wetlands. For example, please
explain why the access road cannot be located on the opposite side of the ditch.
2. You indicated that the option of a shared driveway for both units was explored. Please
explain why this option is not feasible.
3. Please clarify what existing surface road the proposed access road will tie into.

Please provide a detailed engineering plan, profile view, and cross-section of all proposed
culverts. These drawings must include details regarding stream/ditch alignment in relation to
pipe alignment, pipe slope, pipe burial, and dissipater pads [15A NCAC 02H .0502(c) &
.0502(a)(9)].

Mitigation is required for losses of equal to or greater than 300 linear feet of perennial
stream and equal to or greater than 1/10 acre of wetlands. Please provide a mitigation plan
that conforms to the requirements of 15A NCAC 02H .0506(c). You have proposed on-site
mitigation, please provide a complete detailed mitigation plan (including full sized plans and
detail sheets) for this project. The mitigation plan may be proposed in Phases to correspond
with the construction Phases. Please provide a notarized copy of the draft deed notification,
covenants, preservation (if required by the Corps) or restrictions that, at a minimum, notify
future lot owners that there are wetlands on the property, which are protected by the NC
Division of Water Resources and the US Army Corps of Engineers. If you plan on preserving
the remaining wetlands on the tract, please provide the draft language that will accomplish
preservation.

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information in response to this email OR by submitting all of the above requested information
through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above).

If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of
this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.

Please be aware that you have no authorization under the Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.

Thank you,

Rick Trone
401 & Buffer Permitting Branch
NCDEQ – Division of Water Resources

[phone] office (please email due to Covid-19 adjusted operations)
512 N. Salisbury Street, Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties